Filing I-130 & AOS

Old Dec 20th 2013, 11:36 pm
  #1  
BE Forum Addict
Thread Starter
 
jmood's Avatar
 
Joined: May 2009
Posts: 1,309
jmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond repute
Default Filing I-130 & AOS

I am wondering whether I can file the I-130 and the AOS concurrently when filing for a PR for my father. Here is what the USCIS says on concurrent filing:
http://www.uscis.gov/green-card/gree...current-filing

So according to that (1)my dad IS an immediate family member and so can be filed concurrently for him (2)But it then talks about visa number availability. But it doesn't say "and". So I wonder whether that means irrespective of visa number availability.

And also on this page, it says that visa numbers are available immediately anyway (there are unlimited number of numbers) for immediate family members.
http://www.uscis.gov/green-card/gree...ive-us-citizen

I also read the I-130 isntructions but that didn't clarify for me either.
http://www.uscis.gov/sites/default/f...i-130instr.pdf

So I am confused. Can anyone advise please?
jmood is offline  
Old Dec 21st 2013, 2:30 am
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Filing I-130 & AOS

The answer to your basic question depends on where your dad is at this moment. If he's already in the USA, an AOS package can be filed.

If your dad is currently outside the USA, he has to go through the Immigrant Visa process, as it's against the law for him to misrepresent himself as a tourist at the USA POE if his real intent is to adjust status.

So...where is your dad right now?

Rene
Noorah101 is offline  
Old Dec 21st 2013, 2:50 am
  #3  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Filing I-130 & AOS

Also, you must first be a USC before you can file an I-130 petition for your dad (and that includes an AOS application, because an I-130 is part of that).

If I recall correctly, you are not yet a USC....so my guess is that you and your dad have some intent for him to immigrate in the future (after you become a USC), then AOS won't be an option, because that intent already exists.

When you become a USC, file an I-130 petition and he will follow the process for an Immigrant Visa, which should take around 8 - 10 months.

Rene
Noorah101 is offline  
Old Dec 21st 2013, 3:01 am
  #4  
BE Forum Addict
Thread Starter
 
jmood's Avatar
 
Joined: May 2009
Posts: 1,309
jmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond repute
Default Re: Filing I-130 & AOS

Currently he is in his home country. My dad has a 10 year tourist visa so theoretically he can enter the US anytime he wants. And actually the plan (unrelated to my PR application intent) is that he will come here end Jan.

So IF I am able to file while he is here and if I am able to file concurrently, and if I DO file while he is here he would still leave the US back to his home country after perhaps staying here for 3 months.

Once I file (if I file while he is here) is there any problem with him exiting?
jmood is offline  
Old Dec 21st 2013, 3:26 am
  #5  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by jmood
So IF I am able to file while he is here...
Unless you are a US citizen, you can't file anything on his behalf. Only a USC can file a petition on behalf of a parent... a PR can not. End of story.

Ian
ian-mstm is offline  
Old Dec 21st 2013, 3:34 am
  #6  
BE Forum Addict
Thread Starter
 
jmood's Avatar
 
Joined: May 2009
Posts: 1,309
jmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond repute
Default Re: Filing I-130 & AOS

Guys and gals, thanks for that info re the need to being a USC. I know that. That info is loud and clear on the USCIS web site. I didn't start this thread to ask about that.

But I would appreciate if you could please help with the questions I posed.

Thank you.
jmood is offline  
Old Dec 21st 2013, 6:43 am
  #7  
BE Forum Addict
 
Joined: May 2007
Location: London
Posts: 1,248
Marocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond reputeMarocco has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by jmood
Guys and gals, thanks for that info re the need to being a USC. I know that. That info is loud and clear on the USCIS web site. I didn't start this thread to ask about that.

But I would appreciate if you could please help with the questions I posed.

Thank you.
Your questions have already been answered in post #2.
Marocco is offline  
Old Dec 21st 2013, 10:04 am
  #8  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by jmood
I didn't start this thread to ask about that.
Okay... but it seems kind of important, don't you think?


I would appreciate if you could please help with the questions I posed.
There is no visa quota for the parent of a USC, so a number is immediately available. If your dad is in the US legally and if you are a USC and if your dad didn't have to lie to the CBP officer at the POE about his intent to remain in the US to adjust status, then you can submit an I-130 and he can concurrently file an I-485.


IF I am able to file while he is here and if I am able to file concurrently, and if I DO file while he is here he would still leave the US back to his home country after perhaps staying here for 3 months.
Well... that'd be a complete waste of time!


Once I file (if I file while he is here) is there any problem with him exiting?
He is always free to leave the US - he's not a prisoner!

It sounds as though you don't fully understand the difference between an immigrant visa petition and adjustment of status. One isn't a substitute for the other... and the processes are not interchangeable.

Ian
ian-mstm is offline  
Old Dec 21st 2013, 11:51 am
  #9  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by jmood
Currently he is in his home country. My dad has a 10 year tourist visa so theoretically he can enter the US anytime he wants. And actually the plan (unrelated to my PR application intent) is that he will come here end Jan.
Nothing wrong with the plan so far. He had a tourist visa. He will come and visit at the end of January. He will go home at the end of that visit.

So IF I am able to file while he is here and if I am able to file concurrently...
You can only file concurrently if he does not have the intent to immigrate on this trip in January.

...and if I DO file while he is here he would still leave the US back to his home country after perhaps staying here for 3 months.
OK, so his plan is to leave the USA in April, regardless of what immigration paperwork, if any, has been filed...correct?

Once I file (if I file while he is here) is there any problem with him exiting?
There is never any problem with anyone exiting the USA. However, if you did indeed file AOS while he's in the USA, and he doesn't yet have Advance Parole (AP) in hand by the time he wants to leave the USA....and he does indeed leave the USA, then the AOS will be considered abandoned. After that, if he wants to immigrate to the USA in the future, he will have to go the Immigrant Visa path.

So, let's say your dad comes to visit in January, and you are not a USC by then. Then let's say you become a USC in March, making him eligible to adjust his status. He will not have AP in time to leave the USA in April without abandoning the AOS process. He can still freely leave the USA, but the AOS process will not continue.

The safer and "better" way to do things is to have your dad come to visit Jan - April as planned. Whenever you become a USC, regardless of whether he's in the USA or not, you file an I-130 towards his immigrant visa. 8 to 10 months later, he gets the immigrant visa and moves permanently to the USA. That way, he's using the correct visa for his purpose, and he doesn't have to worry about being landlocked in the USA after filing AOS.

Rene

Last edited by Noorah101; Dec 21st 2013 at 12:00 pm.
Noorah101 is offline  
Old Dec 21st 2013, 11:53 am
  #10  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by jmood
And actually the plan (unrelated to my PR application intent) is that he will come here end Jan.
You mean his PR application intent. He would be the one applying for US PR status if an AOS package is submitted.

Rene
Noorah101 is offline  
Old Dec 21st 2013, 1:31 pm
  #11  
BE Forum Addict
Thread Starter
 
jmood's Avatar
 
Joined: May 2009
Posts: 1,309
jmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by Noorah101


OK, so his plan is to leave the USA in April, regardless of what immigration paperwork, if any, has been filed...correct?


There is never any problem with anyone exiting the USA. However, if you did indeed file AOS while he's in the USA, and he doesn't yet have Advance Parole (AP) in hand by the time he wants to leave the USA....and he does indeed leave the USA, then the AOS will be considered abandoned.
Rene
Correct.
So is it OK to file concurrently once he is here, as long as his entry intent was not to stay?

How long does it take to get the AP?
jmood is offline  
Old Dec 21st 2013, 3:24 pm
  #12  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by jmood
So is it OK to file concurrently once he is here, as long as his entry intent was not to stay?
As long as you are a USC by then, yes. The main point is that he should not misrepresent himself at the POE as a tourist if his goal is to actually file AOS and remain in the USA. But I'm not totally your plan is above board, since you are asking about AOS before your dad arrives, it seems there IS some kind of intent there. If there was not, you wouldn't be asking about it before he even arrives.

When filing AOS from visitor status, there is always a chance that USCIS will think he might have had intent to stay when he entered the USA. At least with a B-2 visa entry, he has the right to appeal USCIS decision if they deny his AOS. I'd say a denial is rare, but it could happen, and if he can't overcome the denial, it could mean a permanent ban from the USA (for misrepresentation). Just be aware of the consequences if AOS is denied.

How long does it take to get the AP?
Between 60 - 90 days after filing AOS.

I don't know, I have to just say again...it sounds as if you ARE planning to do AOS when your dad is here, which makes the intent an issue.

I have to ask...why are you not interested in the Immigrant Visa path, which is much less risky?

Rene
Noorah101 is offline  
Old Dec 21st 2013, 4:35 pm
  #13  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by Noorah101
I don't know, I have to just say again...it sounds as if you ARE planning to do AOS when your dad is here, which makes the intent an issue.
To be fair, it sounds as though this is her intent... we have no idea whether the father is even aware of her plans for him!


I have to ask...why are you not interested in the Immigrant Visa path, which is much less risky?
IIRC, it has to do with her being the only one left to care for him, and he's elderly, and she's desperate to get him to the US ASAP, and by any means possible.

Ian
ian-mstm is offline  
Old Dec 21st 2013, 6:48 pm
  #14  
BE Forum Addict
Thread Starter
 
jmood's Avatar
 
Joined: May 2009
Posts: 1,309
jmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by Noorah101

I have to ask...why are you not interested in the Immigrant Visa path, which is much less risky?

Rene
I was going to ask about that option next. So it is MUCH less risky? In what way? And how does overall approval timing compare to the concurrent filing?
jmood is offline  
Old Dec 21st 2013, 6:57 pm
  #15  
BE Forum Addict
Thread Starter
 
jmood's Avatar
 
Joined: May 2009
Posts: 1,309
jmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond reputejmood has a reputation beyond repute
Default Re: Filing I-130 & AOS

Originally Posted by Noorah101
The main point is that he should not misrepresent himself at the POE as a tourist if his goal is to actually file AOS and remain in the USA. But I'm not totally your plan is above board, since you are asking about AOS before your dad arrives, it seems there IS some kind of intent there. If there was not, you wouldn't be asking about it before he even arrives.

I don't know, I have to just say again...it sounds as if you ARE planning to do AOS when your dad is here, which makes the intent an issue.

Rene
OK, so I'm still not too clear about how this works. Let me explain my (our) intent more in detail and better this time hopefully.

1.Dad will come to the US as a visitor end Jan. This will happen irrespective of when and how I/we can/will file for PR for him.
2.It is Dad's and my intent that he will leave the US around April. But that return date can be changed depending on what I find out on this forum.
3.It is his and my intent that he always stay 100% within the law of immigration.
4. It is also his and my intent that we file for PR status for him at some point. So right now, I am trying to figure out the best and fastest way to do this and all options available.

Am I making sense?
jmood is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.